STATE OF NORTH CAROLINA

Transcription

1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Invitation for Bid #: AGGREGATE Date of Issue: April 24, 2018 Bid Opening Date: May 3, 2018 At 2:00 PM EST Direct all inquiries concerning this IFB to: Debbie E. Hill Transportation Agent Phone:

2 STATE OF NORTH CAROLINA Invitation for Bids # For internal State agency processing, including tabulation of bids in the Interactive Purchasing System (IPS), please provide your company s Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S (b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your bid. Failure to do so may subject your bid to rejection. ID Number: Federal ID Number or Social Security Number Vendor Name

3 Refer ALL Inquiries regarding this IFB to: Debbie E. Hill Phone Fax EXECUTION In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor certifies that this bid is submitted competitively and without collusion (G.S ), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S ), and that it is not an ineligible Vendor as set forth in G.S False certification is a Class I felony. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S , the undersigned Vendor certifies that it, and each of its sub-contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this bid response to the IFB, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign bid prior to submittal shall render bid invalid and it WILL BE REJECTED. Late bids cannot be accepted. VENDOR: STATE OF NORTH CAROLINA Purchasing Section Invitation for Bids # Bids will be publicly opened: May 3, 2018 Contract Type: Agency Specific Commodity No. and Description: 750 Aggregate ABC Using Agency: Department of Transportation Requisition No.: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #11): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR S AUTHORIZED SIGNATURE: DATE: Offer valid for at least 60 days from date of bid opening, unless otherwise stated here: days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this IFB. ACCEPTANCE OF BID If any or all parts of this bid are accepted by the State of North Carolina, an authorized representative of the North Carolina Department of Transportation shall affix his/her signature hereto and this document and all provisions of this Invitation for Bid along with the Vendor bid response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR STATE USE ONLY: Offer accept and Contract awarded this day of, 20, as indicated on the attached certification, by (Authorized Representative of North Carolina Department of Transportation) Ver: 10/04/17 Page 1 of 23

4 Table of Contents 1.0 PURPOSE AND BACKGROUND GENERAL INFORMATION INVITATION FOR BIDS DOCUMENT E-PROCUREMENT SOLICITATION IFB SCHEDULE BID QUESTIONS BID SUBMITTAL BID CONTENTS DEFINITIONS, ACRONYMS, AND ABBREVIATIONS NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS METHOD OF AWARD AND BID EVALUATION PROCESS METHOD OF AWARD CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION BID EVALUATION PROCESS PERFORMANCE OUTSIDE THE UNITED STATES INTERPRETATION OF TERMS AND PHRASES REQUIREMENTS CONTRACT TERM PRICING TRANSPORTATION AND IDENTIFICATION DELIVERY PRODUCT RECALL FINANCIAL STABILITY INVOICES GENERAL AGGREGATE TERMS AND CONDITIONS.11 Ver: 10/04/17 Page 2 of 23

5 ATTACHMENT A: PRICING FORM ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR ATTACHMENT C: INSTRUCTIONS TO VENDORS ATTACHMENT D: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Ver: 10/04/17 Page 3 of 23

6 1.0 PURPOSE AND BACKGROUND The purpose of this Invitation to Bid (IFB) is to obtain pricing for and select a vendor to provide Aggregate for the Department of Transportation for maintenance. This is an Agency Specific Term Contract. The resulting Contract will be valid for a period of (six) 6 months without an option to renew. Acceptance of any price increases shall be solely at the discretion of the State and shall be in accordance with the Terms and Conditions for Price Adjustments and/or cancellation procedures. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BIDS DOCUMENT The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this IFB in advance of any Contract award are incorporated herein by reference. 2.2 E-PROCUREMENT SOLICITATION ATTENTION: This is an E-Procurement solicitation. See paragraph #18 of Attachment E: North Carolina General Contract Terms and Conditions. The Terms and Conditions made part of this solicitation contain language necessary for North Carolina s Statewide E- Procurement Services. It is the Vendor s responsibility to read these terms and conditions carefully and to consider them in preparing the offer. By execution of its bid, Vendor agrees to and acknowledges acceptance of all terms and conditions, including those related to E-Procurement usage. General information on the E-Procurement Services can be found at: IFB SCHEDULE The table below shows the intended schedule for this IFB. The Contract Lead will make every effort to adhere to this schedule. Action Responsibility Date and Time Issue IFB State April 24, 2018 Submit Written Questions Vendors April 26, 2018 Provide Responses to Questions State April 27, 2018 Submit Bids Vendors May 3, 2018 Award Contract State May 8, BID QUESTIONS Purpose: Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the above due date and time. Instructions: Written questions shall be ed to dehill@ncdot.gov by the date and time specified above. Vendors will enter IFB # Questions as the subject for the . Questions submittals will include a reference to the applicable IFB section and be submitted in a format shown below: Reference IFB Section, Page Number Vendor Question Vendor question? Ver: 10/04/17 Page 4 of 23

7 Questions received prior to the submission deadline date and time, the State s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS), and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall be entitled to rely only on written material contained in an Addendum to this IFB. 2.5 BID SUBMITTAL Instructions: Sealed bids, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items as described herein. Refer to Section 2.6 BID CONTENTS for details on required content of submitted bids. MAILING ADDRESS FOR DELIVERY OF BID VIA U.S. POSTAL SERVICE BID NUMBER: Attn: Debbie Hill, Transportation Agent Address: 1510 Mail Service Raleigh, NC OFFICE ADDRESS FOR DELIVERY BY ANY OTHER MEANS, SPECIAL DELIVERY, OVERNIGHT DELIVERY, OR BY ANY OTHER CARRIER BID NUMBER: Attn: Debbie Hill, Transportation Agent Address: 1 South Wilmington Street Room 334B Raleigh, NC IMPORTANT NOTE: It is the responsibility of the Vendor to have the signed bid physically in this Office by the specified time and date of opening, regardless of the method of delivery. This is an absolute requirement. The time of delivery will be marked on each bid when received, and any bid received after the bid submission deadline will not be accepted or evaluated. Sealed bids, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. All risk of late arrival due to unanticipated delay whether delivered by hand, U.S. Postal Service, courier or other delivery service or method is entirely on the Vendor. Note that the U.S. Postal Service generally does not deliver mail to the street address above, but to the State s Mail Service Center. Vendors are cautioned that bids sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency s purchasing office on the due date in time to meet the bid deadline. All Vendors are urged to take the possibility of delay into account when submitting a bid. Vendors shall deliver one (1) signed, original executed bid response, to the address identified in the table in this Section. Include only bids in response to this IFB in a sealed package. Address package and insert bid number as shown in the table in this Section. The electronic files shall not be password-protected, shall be in.pdf or.xls format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. Bids shall be marked on the outside of the sealed envelope with the Vendor s name, Bid number and date and time of opening. If Vendor is submitting more than one bid, each bid shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed bids from a single Vendor may be included in the same outer package. Attempts to submit a Bid via facsimile (FAX) machine, telephone or electronic means, including but not limited to , in response to this Invitation for Bids will not be accepted. Bids are subject to rejection unless submitted with the information above included on the outside of the sealed bid package. Critical updated information may be included in Addenda to this IFB. It is important that all Vendors proposing on this IFB periodically check the State s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto. Contact with anyone working for or with the State regarding this IFB other than the State Contract Lead named on the face page of this IFB in the manner specified by this IFB shall constitute grounds for rejection of said Vendor s offer, at the State s election. Ver: 10/04/17 Page 5 of 23

8 2.6 BID CONTENTS For each of Vendor s bid, Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested, as outlined below. Vendor IFB responses shall include the following items and they should be arranged in the following order: a) Completed and signed version of EXECUTION PAGE, along with the body of the IFB (pages 2-12) and signed receipt pages of any addenda released in conjunction with this IFB, (if required to be returned). b) Completed version of ATTACHMENT A: PRICING FORM c) Completed version of ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR d) Completed version of ATTACHMENT C: INSTRUCTIONS TO VENDORS e) Completed version of ATTACHMENT D: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS f) Completed and signed version of ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) AGENCY SPECIFIC TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities for a single entity. b) BUYER: The employee of the State or Other Eligible Entity that places an order with the Vendor. c) CONTRACT LEAD: Representative of the North Carolina Department of Transportation who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to the State and who will administer the contract for the State. d) E-PROCUREMENT SERVICES: The program, system, and associated services through which the State conducts electronic procurement. e) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in its bid, but no amount or charge not included as part of the total bid price will be paid. f) IFB: Invitation for Bids. g) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required. h) QUALIFIED BID: A responsive bid submitted by a responsible Vendor. i) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law. j) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions. k) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to an Invitation for Bids. 2.8 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS It shall be the Vendor s responsibility to read the Instructions, the State s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this IFB, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, instruction or other component within this IFB, those shall be submitted as questions in accordance with in the instructions in Section 2.4 BID QUESTIONS. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later Ver: 10/04/17 Page 6 of 23

9 negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions or Instructions to Vendor submitted with Vendor s bid document. This applies to any language appearing in or attached to the document as part of the Vendor s bid that purports to vary any terms and conditions or Vendors instructions herein or to render the bid non-binding or subject to further negotiation. Vendor s bid shall constitute a firm offer. By execution and delivery of a bid in response to this Invitation for Bids, Vendor agrees that any additional or modified terms and conditions, including Instructions to Vendors, whether submitted purposely or inadvertently, or any purported condition to the offer shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor s bid as nonresponsive. If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in Section 2.4, about whether specific language proposed as a modification is acceptable to or will be considered by the State. Identification of objections or exceptions to the State s terms and conditions in the bid itself shall not be allowed and shall be disregarded or the bid rejected. By executing and submitting its bid in response to this IFB, Vendor understands and agrees that the State may exercise its discretion not to consider any and all proposed modifications a Vendor may request and may accept Vendor s bid under the terms and conditions in this IFB. 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD All qualified bids will be evaluated and award or awards will be based on lowest responsive bid meeting specifications. While the intent of this IFB is to award a Contract to a single Vendor for all line items, the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. Any Vendor with an E-Procurement Services account that is in arrears by 91 days or more at the time of bid opening may, at the State s discretion, be disqualified from further evaluation or consideration. The State reserves the right to waive any minor informality or technicality in bids received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period from the date bids are opened through the date the contract is awarded each Vendor submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor s office), or private entity, if the communication refers to the content of Vendor s bid or qualifications, the contents of another Vendor s bid, another Vendor s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor s bid may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this IFB or general inquiries directed to the purchaser regarding requirements of the IFB (prior to bid submission) or the status of the contract award (after submission) are excepted from this provision. Ver: 10/04/17 Page 7 of 23

10 3.3 BID EVALUATION PROCESS The State shall review all Vendor responses to this IFB to confirm that they meet the specifications and requirements of the IFB. a) Bids are requested for the items as specified, or item(s) equivalent in design, function and performance. The State reserves the right to reject any bid on the basis of fit, form and function as well as cost. All information furnished on this bid may be used as a factor in determining the award of this contract. b) Bids will be received from each responsive Vendor in a sealed envelope or package. c) All bids shall be received by the issuing agency not later than the date and time specified on the cover sheet of this IFB. d) At that date and time specified as the bid opening, the package containing the bids from each responding firm will be opened publicly and the name of the Vendor and the price(s) bid announced. e) The State shall review all Vendor responses to this IFB to confirm that they meet the specifications and requirements of the IFB. f) For all responses that pass the initial review process, the State will review and assess the Vendors pricing. The State may request additional formal responses or submissions from any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the State is not required to request clarification, and often does not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may, for purposes of evaluating proposed or actual contract performance outside of the United States, also consider how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State s information and intellectual property e) Availability of pertinent skills f) Ability to understand the State s business requirements and internal operational culture g) Particular risk factors such as the security of the State s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.5 INTERPRETATION OF TERMS AND PHRASES This Invitation for Bids serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Invitation for Bids shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as shall, must, and requirements are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department s needs as described in the Invitation for Bids. Except as specifically stated in Ver: 10/04/17 Page 8 of 23

11 the Invitation for Bids, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a bid in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better bid, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section CONTRACT TERM The Contract shall have an initial term of 6 months, beginning on the date of the Contract award (the Effective Date ). At the end of the Contract s current term, the State reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 4.2 PRICING Bid price shall constitute the total cost to State for delivery fully assembled and ready for use, including all applicable charges for shipping, delivery, handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this IFB. Complete ATTACHMENT A: PRICING FORM and include with Bid. 4.3 TRANSPORTATION AND IDENTIFICATION The Vendor shall deliver Free-On-Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs included in the total bid price. When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer s name shall be show on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order. 4.4 DELIVERY The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s): Tyrell County Maintenance, 2096 Travis Road Columbia NC Successful Vendor shall complete delivery within three (3) consecutive calendar days after receipt of purchase order. Delivery shall not be considered to have occurred until delivery has been completed. Upon completion of the delivery, the Vendor shall remove and properly dispose of all waste and debris from the delivery site. The Vendor shall be responsible for leaving the delivery area clean. 4.5 PRODUCT RECALL Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the State, as necessary, to promptly replace any such products, at no cost to the State. 4.6 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential performance issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. Ver: 10/04/17 Page 9 of 23

12 4.7 INVOICES Vendor shall invoice the Ordering Entity. The standard format for invoicing shall be Single Invoices meaning that the Vendor shall provide the Buyer with an invoice for each order. Invoices shall include detailed line item information to allow Buyer to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices: Vendor s Billing Address, NC Vendor ID Number, Customer Account Number, NC Contract Number, Order Date, Buyers Order Number, Manufacturer Part Numbers, Vendor Part Numbers, Item Descriptions, Price, Quantity, and Unit of Measure. Ver: 10/04/17 Page 10 of 23

13 GENERAL TERMS AND CONDITIONS FOR AGGREGATE 1. The successful bidder must be on the department s comprehensive approved products list for Coarse and Fine Aggregates and comply with the requirements of sections 1005, 1008, 1010 and 1012 of the 1995 Standard Specifications for Roads and Structures. Requirements shall not include Class I or II Rip Rap, Class A and B stone and fine aggregates for snow and ice control. 2. It is the Bidder s responsibility to have a bid proposal in the Department of Transportation Purchasing Office prior to the time and date of the bid opening. Vendors are cautioned that mail sent overnight, registered, or certified may be delayed and may result in your bid not being considered. 3. When aggregate is to be loaded on State trucks, bidder must indicate name of quarry (or stockpile site). 4. Successful bidder warrants that aggregate will be available for pickup by State owned or contracted equipment at stockpile site(s) during normal work hours, at location(s) bid herein. For contracts requiring delivery of aggregate by successful bidder, delivery shall be made in accordance with the delivery schedule requested by the State, as long as a minimum of three (3) working day notice is given successful bidder. Should the successful bidder fail to perform as described above, the bidder may be held in default of contract, the aggregate purchased from another supplier, the bidder charged the difference in price, and removed from bidding on future requirements. 5. Individual orders placed under the resulting contract or the contract may be canceled if deemed to be in the best interest of the State. 6. Due to the loaded weight differential between North Carolina and Virginia, $.0168 per ton mile will be added to the haul cost for evaluation in the award process. 7. When aggregate is bid from out of state quarry locations to be hauled by State trucks, applicable out of state sales tax will be considered in the recommendation of award of contract. 8. The Department of Transportation is tax exempt from North Carolina state sales and use tax. 9. The Producer of aggregate furnished pursuant to this contract shall comply with the Mining Act of 1971 (G.S The Department of Transportation reserves the right to refuse delivery of aggregate and/or to cancel this contract upon receipt of information of the failure of the supplier to comply with the Act. In the case of termination the supplier will be paid for aggregate provided under the contract prior to termination. The supplier will have no remedy should the contract be terminated for non-compliance with the Act. 10. Hazardous Substance and/or Oil Spills: Contractors hired by the Department of Transportation shall be responsible for any costs (direct or indirect) associated with damage and/or cleanup of a hazardous substance and/or oil spill caused by the Contractor or his agent. This responsibility shall extent to freight carriers who were hired by State, and Federal requirements for the proper handling of hazardous substances and/or oil. For the purpose of this section hazardous substances shall be defined as any substance, other than oil, which when in any quantity may present an imminent and substantial danger to the public health or welfare. Oil shall be defined as any oil of any kind and in any form, including, but specifically not limited to petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil missed with other waste oil sludge, petroleum related products or by-products, and all other liquid hydrocarbons, regardless of specific gravity, whether singly or in combination with other substances. In addition, the Contractor agrees to indemnify and hold the Department harmless against all claims, liabilities, and costs, including attorneys fees, incurred in the defense of any claim brought against the Department resulting from such a spill. Contractors hired by the Department of Transportation shall be responsible for any costs (direct or indirect) associated with damage and/or cleanup of a hazardous substance and/or oil spill caused by the Contractor or his agent. This responsibility shall extend to freight carriers who were hired by the Contractor to deliver the commodity or service to the Department. While on Department premises, the Contractor shall comply with all Local, State, and federal requirements for the proper handling of hazardous substances and/or oil. In an effort to support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. It is desirable that all responses meet the following requirements: All copies are printed double sided All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30% and indicate this information accordingly on the response. Ver: 10/04/17 Page 11 of 23

14 Unless absolutely necessary, all bids and copies should minimize or eliminate use of non-recyclable or non-re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ring binders, glued materials, paper clips, and staples are acceptable. Materials should be submitted in a format which allows for easy removal and recycling of paper materials. It shall be understood and agreed that the State (NCDOT) may purchase more or less than these estimated quantities during the contract period. No maximum or minimum quantities are guaranteed. The State will be responsible only for items received. The State shall not be obligated to purchase in excess of its normal requirements. Ver: 10/04/17 Page 12 of 23

15 ATTACHMENT A: PRICING FORM FURNISH AND DELIVER: The delivery schedule will be finalized with the successful bidder after a purchase order is issued and received. North Carolina Mining Permit No. Must be filled in and not applicable to out of state producers Furnish and Deliver County F.O.B. Tons per day Kind of Equipment 6,000 Tons Aggregate ABC Tyrell 2096 Travis Road 500 Tons or Delivery Upon Request Contractor Trucks Shipment to begin about May 10, 2018 Bids will be opened 2:00 PM EST May 3, 2018 Bids will be awarded by May 8, 2018 PRICE PER TON$ Quarry or Pit from which aggregate will be furnished Quarry Name Quarry Location RECYCLED CONTENT: Total Extended Price $ If the products offered herein contain any recycled content, indicate the material and content percentage: Material: Percentage %: Ver: 10/04/17 Page 13 of 23

16 ATTACHMENT B: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute , the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? YES NO If the Vendor answered YES above, Vendor shall complete items 1 and 2 below: 1. List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub-contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub-contractors that will perform work outside the U.S.: b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub-contractors of the Vendor, or other persons performing services under the Contract outside of the United States YES NO NOTE: All Vendor or sub-contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. c) Identify all U.S. locations at which performance will occur: This Space is Intentionally Left Blank Ver: 10/04/17 Page 14 of 23

17 ATTACHMENT C: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this IFB document. 2. LATE BIDS: Late bids, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor s sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the Vendor, to accept any item in the bid. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B.0501, the State reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the State, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the State. 5. EXECUTION: Failure to sign the Execution page (page 3 of the IFB) in the indicated space will render bid nonresponsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or in any resulting contract, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this IFB, including any negotiated terms; (2) requirements and specifications in Sections 2, 4, and 5 of this IFB; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT D: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT C: INSTRUCTIONS TO VENDORS; and (5) Vendor s Bid. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each Vendor shall submit with their bid sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid or available elsewhere will not satisfy this provision. Bids that do not comply with these requirements shall constitute sufficient grounds to reject the bid. 8. RECYCLING AND SOURCE REDUCTION: It is the policy of the State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable and less toxic to the extent that the purchase or use is practicable and costeffective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will adequately protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of purchasers those products or packaging they offer which have recycled content and that are recyclable. 9. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following: All copies of the bid are printed double sided. All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30%. Unless absolutely necessary, all bids and copies should minimize or eliminate use of non-recyclable or nonreusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable. Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. Ver: 10/04/17 Page 15 of 23

18 10. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute and Executive Order #150 (1999), the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 11. RECIPROCAL PREFERENCE: G.S establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any bid from a North Carolina resident Vendor. The Principal Place of Business is defined as that principal place from which the trade or business of the Vendor is directed or managed. 12. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as CONFIDENTIAL by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 13. PROTEST PROCEDURES: When a Vendor wishes to protest a Contract resulting from this solicitation that is awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at Purchase and Contract, 1305 Mail Service Center, Raleigh, NC A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request shall be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party s claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Bid status and award notices are posted on the Internet at All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. 15. COMMUNICATIONS BY VENDORS: In submitting its bid, the Vendor agrees not to discuss or otherwise reveal the contents of its bid to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this IFB. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the State concerning the solicitation, during the evaluation of the bids (i.e., after the public opening of the bids and before the award of the Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor s bid and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this IFB. Vendors not in compliance with this provision may be disqualified, at the option of the State, from the Contract award. Only those communications with the using agency or issuing agency authorized by this IFB are permitted. 16. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), Click on the IPS BIDS icon, click on Search for Bid, enter the bid number, and then search. Tabulations will normally be available at this website not later than one working day after the bid opening. Lengthy or complex tabulations may be summarized, with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 17. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (evp) allows Vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services of potential interests to them available on the Interactive Ver: 10/04/17 Page 16 of 23

19 Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website WITHDRAWAL OF BID: a bid may be withdrawn only in writing and actually received by the office issuing the IFB prior to the time for the opening of bids identified on the cover page of this IFB (or such later date included in an Addendum to the IFB). A withdrawal request shall be on Vendor s letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of bids shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 19. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the State during the competitive process or after award. The State is bound only by information provided in this IFB and in formal Addenda issued through IPS. 20. COST FOR BID PREPARATION: Any costs incurred by Vendor in preparing or submitting bids are the Vendor s sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred prior to award. 21. VENDOR S REPRESENTATIVE: Each Vendor shall submit with its bid the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's bid. 22. INSPECTION AT VENDOR S SITE: The State reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. This Space is Intentionally Left Blank Ver: 10/04/17 Page 17 of 23

20 ATTACHMENT D: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 1. DEFAULT AND PERFORMANCE BOND: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive just and equitable compensation for any acceptable work completed on such materials. Notwithstanding, Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of this contract, and the State may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from such breach can be determined. The State reserves the right to require at any time a performance bond or other acceptable alternative performance guarantees from a Vendor without expense to the State. The Vendor shall be in default, if its Certification submitted for a price-matching opportunity under Executive Order #50 and G.S was false and/or contained materially misleading or inaccurate information, and/or Vendor failed to provide information and documentation requested by the State to substantiate Vendor s Certification. The State may take action against the Vendor under the False Claims Act, G.S through 1-617, inclusive, for submitting a false Certification for the price-matching opportunity under Executive Order #50 (including but not limited to treble damages and civil penalties). [Include paragraph only if EO50 applies.] In addition, in the event of default by the Vendor under this contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate this contract for cause, and may act to debar the Vendor from doing future business with the State. 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Vendor to notify, in writing, the Contract Lead at once, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in this contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a. G.S bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S (b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S (b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by mediaassisted, media-facilitated, or media-solicited means. By execution of the bid document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. b. All agencies participating in this Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c. Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. 5. SITUS: The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 6. GOVERNING LAWS: This Contract is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules. Ver: 10/04/17 Page 18 of 23